To be convicted of carjacking, the following elements must be proven beyond a reasonable doubt:

The defendant took a motor vehicle that did not belong to him or her.

The vehicle was taken from the immediate presence of a person who possessed the vehicle or was its passenger.

The vehicle was taken against that person's will.

The defendant used force or fear to take the vehicle or to prevent the other person from resisting.

AND when the defendant used force or fear to take the property, he or she intended to deprive the other person of possession of the vehicle either temporarily or permanently.

While force or fear must be used against the victim to gain possession of the vehicle, the timing of the use of force or fear can be before, during or after the defendant takes possession of the vehicle.

A person takes something if he or she acquires possession of it and moves it a slight distance. In a carjacking, the taking can occur whether or not the victim remains with the car. Carjacking can also occur when a defendant forcibly takes a victim's car keys, not just when a defendant takes a car from the victim's immediate presence.

2. Examples

A man watches a couple park an expensive automobile at a mall parking lot. He follows the couple into the mall and then approaches them. While brandishing a knife, the man demands the car keys, which the couple turns over to him. This man could be charged with carjacking in violation of California Penal Code Section 215 PC even though the car was not in the couple's immediate presence.

Unlike robbery offenses, there is no claim of right defense to carjacking. For example, a man's car is stolen and he reports the theft to the police. Later that day, he sees his car idling in front of a fast food restaurant with no one in the driver's seat and a passenger in the rear. The man gets in his vehicle, orders the passenger to get out by threatening violence and drives away. Even though he owns the car, the man could technically be charged with carjacking because California treats carjacking as a crime against possession, not ownership.

If there was no threat of force or fear, a defendant would not be criminally liable for carjacking, although they could be prosecuted for grand theft auto. Additionally, if there was consent to take the car, the defendant could not be prosecuted for carjacking, even if the consent is eventually withdrawn. Again, someone could still be prosecuted for grand theft auto in this situation.

5. Penalties

Carjacking is a felony-level offense that is punishable by up to nine years in prison. A defendant can be punished for each defendant present in the car when the carjacking occurred. If a carjacking victim suffers great bodily harm, the defendant can be sentenced to an additional six years in prison. A defendant can be sentenced to ten years in prison if a gun is used in the carjacking, twenty years if a gun is fired, and life if the guns kills someone.

6. Criminal Defense for Carjacking Cases

If you or a loved one have been charged with carjacking, it is crucial that you consult with a Los Angeles Criminal Defense Attorney right away. Carjacking is a serious felony offense that can carry extensive prison sentences. Los Angeles Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who previously handled major felonies for the Los Angeles County District Attorney's Office. Mr. Kraut is highly experienced at representing clients charged with offenses of this nature and works tirelessly to ensure his clients have the best defense possible.

Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan Thomas

★★★★★

I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad

★★★★★

Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida

★★★★★

Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel Lepervanche

★★★★★

Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.